Mar 16, 2021 | News
The participation of private actors including pharmaceutical companies in the development and delivery of COVID-19 vaccines has important implications for human rights, in particular the rights to life and to health, that have not been properly considered, a panel of experts asserted in a webinar organized by the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC), the ICJ and the Konrad Adenauer Stiftung (KAS) on March 11.
Taking place exactly one year after the World Health Organization declared COVID-19 a global pandemic, the webinar, entitled “What are the obligations of States and corporations to ensure access to a COVID-19 vaccine?”, brought together Dr Sharifah Sekalala from the University of Warwick, Fatima Hassan, the founder and head of the Health Justice Initiative, and Prof. David Bilchitz, the director of SAIFAC.
As the United Nations Committee on Economic, Social and Cultural Rights (CESCR) has recently reaffirmed, vaccine access raises human rights issues relating to both the obligations of States and the responsibilities of businesses.
Carlos Lopez, ICJ’s Senior Legal Adviser stressed:
“It is clear that States have a duty to protect the right to health which entails an obligation to appropriately regulate private actors in health – including those involved in vaccine production and distribution – to retain the affordability and accessibility of COVID-19 vaccines for all. Corporate entities, for their part, have a responsibility to respect the right to health which they violate when they adopt practices which limit or inhibit non-discriminatory vaccine access to all people around the world.”
One of the main elements in the debate is the issue of people’s access to vaccines that are adequate and affordable, and how the capacity of the States to fulfil this key aspect of their international law obligations is being constrained by the operation of certain trade and intellectual property rights law, in particular the Trade-Related Intellectual Property Rights (TRIPS) Agreement of the WTO.
Dr Sekalala, pointed to a fundamental underlying issue relating to the predominant rationale of States and companies:
“One of the things that bothers me as a global health lawyer is the lack of transparency around this process and also, in some ways, the fact that States are still clinging on this research and development rationale, maintaining intellectual property rights”.
This also raises serious questions about the nature of the responsibilities that corporate entities may have to respect the right to health, as has been clarified in General Comment 24 of the CESCR and the UN Guiding Principles on Business and Human Rights.
“There is a moral dimension to the question about vaccine access: what should society expect of the corporations? And there is also a legal one: what does the law require? Fundamental rights are essentially urgent moral claims that demand legal institutionalization. Fundamental rights recognized in international law, in the South African Constitution and many other constitutions around the world require, in my view, that corporations have positive obligations but if such positive obligations are not recognized in legal systems, domestically or internationally, the claim is they ought to be”, said Professor Bilchitz.
Although vaccine access may implicate human rights responsibilities of a range of private business entities, such considerations are especially pronounced with regard to pharmaceutical companies given the direct impact of their business operations on vaccine access. Vaccine access raises clear issues about the protection of human rights and the rule of law both internationally and in particular domestic jurisdictions like South Africa.
“Pharmaceutical companies and some wealthier governments that have actually co-funded a lot of the accelerated vaccine research are basically using their own law… right now they are acting as if they are God, they are determining access for the entire world, including the Global South. The Constitution has been thrown out of the window, particularly in the domestic context of South Africa”, said Hassan.
Watch the webinar here.
A powerpoint for Dr Sekalala’s presentation is available here.
A powerpoint for Professor Bilchitz’s presentation is available here.
A powerpoint for Fatima Hassan’s presentation is available here.
CONTACT:
Timothy Fish Hodgson, Legal Adviser on Social, Economic and Cultural Rights, e: timothy.hodgson@icj.org
Tanveer Rashid Jeewa, Communications and Legal Officer, e: tanveer.jeewa@icj.org
Mar 16, 2021 | News
On the first day of the trial before the eastern Cairo criminal military court of those accused in connection with the 2016 explosion in the Haram district of Giza, the ICJ calls on the Egyptian authorities to: investigate allegations of torture and other ill-treatment; ensure reparation for those arbitrarily detained; and end the trials of civilians before military courts.
“The case has been under investigation by the State Security Prosecution for more than five years, involving prolonged pre-trial detention and severe restriction on the right to legal counsel, in a flagrant violation of Egyptian and international law,” said Said Benarbia, the ICJ’s MENA Programme Director. “Detaining people pending trial for that length of time makes this case yet another example of how the authorities are using pre-trial detention as a tool of repression and to punish, in violation of Egypt’s obligations under international human rights law”.
In January 2016, hundreds of people were arrested, and some forcibly disappeared in connection with an explosion in the Haram district of Giza that killed seven police officers and four civilians, and injured 15 others.
A number of those detained have reportedly been subjected to ill-treatment and denied fair trial rights guaranteed by Egyptian and international law, including the right to receive family visits. In addition, to the ICJ’s knowledge, while all the accused may have briefly met their lawyers in highly restrictive circumstances at the state prosecution office each time they have been remanded into custody, over the years, they have been denied their right to legal counsel before trial as their lawyers have not been allowed to visit them in prison.
The ICJ calls on the Egyptian authorities to investigate the incidents of enforced disappearance, ill-treatment and other human rights violations with a view to bring those responsible to justice.
“Notwithstanding the gravity of the charges involved, civilians should not be brought before military courts,” said Benarbia. “the jurisdiction of military courts should be limited to trials of military personnel in cases of strictly military offences; it should not extend to crimes over which civilian courts have jurisdiction, human rights violations or crimes under international law,” he added.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Download
Press release in English and Arabic.
Mar 15, 2021 | News
As Syria marks 10 years of a devastating armed conflict, the UN Security Council continues to abdicate its responsibility to address the gross human rights abuses committed by the Syrian government and various other actors in the country, including the use of chemical weapons and the perpetration of other crimes against humanity, likely genocide and war crimes, the International Commission of Jurists (ICJ) said today.
Since a popular uprising began in March 2011, the regime’s unabated repression has driven Syria into a full-scale civil war. Hundreds of thousands have been killed; tens of thousands have been tortured and forcibly disappeared; over 11 million have been forcibly displaced, either internally or to host countries; and tens of thousands continue to to be arbitrarily detained.
Notwithstanding this, Russia and China have vetoed at least 15 Security Council resolutions seeking to address and deter the perpetration of crimes under international law in Syria, including through the establishment of investigations into the use chemical and other weapons, by imposing sanctions over such use, and by referring the Syria situation to the International Criminal Court (ICC).
“The SC’s failure to address the Syrian conflict has been chronic and structural, and so wrong about so much and at the expense of so many”, said Said Benarbia, MENA Programme Director at the ICJ. “The SC’s failure calls into question its very role as a guarantor of peace and security and its relevance in upholding a rule-based order.”
To end impunity and ensure victims’ right to justice and effective remedies, the SC must reform its accountability practices, including by ensuring that decisions on the investigation of crimes under international law, the referral of these crimes to the ICC, and the establishment and operationalization of other forms of accountability be based on the existence of overwhelming evidence of such crimes, rather than political expediency.
In the meantime, individual UN Member States must act to begin filling the accountability gap in Syria, including by supporting United Nations accountability mechanisms, such as the the International, Impartial and Independent Mechanism, and by seeking out, prosecuting and punishing those responsible for the atrocities committed in the country pursuant to the principle of universal jurisdiction, as the recent, first-ever guilty verdict against a former official of the Syrian regime delivered by the Higher Regional Court in Koblenz, Germany, shows.
Contact:
Asser Khattab, Research and Communications Officer, ICJ Middle East and North Africa Programme, asser.khattab@icj.org
Mar 12, 2021 | News
Non-governmental organizations (NGOs) from around the world expressed their strong support today for a joint declaration by UN member states condemning the human rights situation in Egypt which was delivered at the UN Human Rights Council.
In the declaration governments expressed “deep concern” for widespread human rights violations committed with impunity by the Egyptian authorities.
The joint declaration, signed by 31 states and delivered by Finland at the Council’s 46th session highlighted “restrictions on freedom of expression and the right to peaceful assembly, the constrained space for civil society and political opposition.” It also condemned the use of counter-terrorism laws to punish peaceful critics.
“The March 12 declaration ends years of a lack of collective action at the UN Human Rights Council on Egypt, despite the sharply deteriorating human rights situation in the country,” said Bahey Hassan, Director of the Cairo Institute for Human Rights Studies. “Countries should continue to make it clear to the Egyptian government that it will no longer have a carte blanche to arbitrarily imprison, torture or violate the right to life or unlawfully kill people.”
More than 100 NGOs from around the world wrote to UN member states in early 2021, warning that the Egyptian government is attempting to “annihilate” human rights organizations and eradicate the human rights movement in the country through sustained, widespread, and systematic attacks.
The organizations had asked UN member states to adopt a resolution establishing a monitoring and reporting mechanism on Egypt. The declaration delivered on March 12 is a significant step and should be followed up by concrete action toward achieving this goal, the organizations said. The declaration was on the Council’s agenda under Item 4, which provides a space to raise concerns about grave and systematic human rights violations, including country-specific situations.
The last joint declaration on the human rights situation in Egypt at the Human Rights Council was delivered by Iceland and co-signed by 26 countries in March 2014.
Since that time the human rights situation in Egypt has deteriorated dramatically. The Egyptian authorities have virtually obliterated almost all space for free expression, peaceful assembly, and association. Under President Abdel Fattah al-Sisi’s rule security forces, with the complicity of prosecutors and judges, have arrested, detained or prosecuted thousands, including hundreds of human rights defenders, religious minorities’ rights activists, peaceful protesters, journalists, academics, artists, politicians and lawyers.
Many have been forcibly disappeared, tortured or otherwise ill-treated, and detained for months or years in inhumane conditions without trial. Those detained are regularly held on the basis of unfounded terrorism-related charges. If referred to trial individuals are often convicted in grossly unfair proceedings before military courts and through mass trials. Many have been sentenced to death and executed after unfair trials that have relied on statements likely obtained through torture. The authorities have also used morality and debauchery laws to arrest and detain women influencers, sexual violence survivors and witnesses, and LGBTI individuals and activists.
The UN Working Group on Arbitrary Detention has found that arbitrary detention is a systematic problem in Egypt. The UN Committee against Torture said in 2017 following an inquiry on Egypt that the facts gathered by the committee “lead to the inescapable conclusion that torture is a systematic practice in Egypt.”
“Today’s declaration sends a clear message to the Egyptian authorities that the world will no longer turn a blind eye to their relentless campaign to crush peaceful dissent. The authorities must take urgent action to comply with their obligations under international law, starting by releasing the thousands of men and women arbitrarily detained, protecting those in custody from torture and other ill-treatment, and ending the crackdown on peaceful activism, ” said Kevin Whelan, Amnesty International representative to the UN in Geneva.
In the March 12 joint declaration governments called for “accountability and an immediate end of impunity” for abuses. Governments also called on Egypt to cease “abuses of due process,” the excessive use of “extended pre-trial detention,” and “the practice of adding detainees to new cases with similar charges after the legal limit for pre-trial detention has expired.”
Governments that have joined the declaration, led by Finland, include: Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Costa Rica, Czech Republic, Denmark, Estonia, France, Germany, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Montenegro, the Netherlands, New Zealand, North Macedonia, Norway, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, and the United States of America. Other governments can join the declaration until two weeks after the end of the current Human Rights Council session.
“Bringing the human rights situation in Egypt to the attention of the Human Rights Council and properly addressing these abuses is of fundamental importance to ensure Egypt’s long-term stability and the dignity of its people,” said John Fisher, Geneva Director at Human Rights Watch.
The Co-signing organizations to this statement include:
Amnesty International, Arab Network for Knowledge and Human Rights (ANKH), Artists at Risk (AR), Association of juridical studies on Immigration (ASGI), The Cairo Institute for Human Rights Studies (CIHRS), le Comité de Vigilance pour la Démocratie en Tunisie, Committee for Justice, Democracy for the Arab World Now (DAWN), DIGNITY – Danish Institute Against Torture, The Egyptian Front for Human Rights, Egyptian Human Rights Forum, EuroMed Rights, The Freedom Initiative, Freedom House, Human Rights Watch (HRW), humanrights.ch, International Federation for Human Rights (FIDH), The International Commission of Jurists (ICJ), International Service for Human Rights (ISHR), MENA Rights Group, Minority Rights Group International, MTÜ Andalus Institute for Tolerance and anti-Violence Studies, The Project on Middle East Democracy (POMED), Réseau des Organisations de la Société Civile pour l’Observation et le Suivi des Elections en Guinée, PEN International, People in Need, Robert F. Kennedy Human Rights, Tunisian Coalition to Abolish the Death Penalty
Download
Press release in English and Arabic.
Q&A in English.
Contact
Said Benarbia, International Commission of Jurists (Geneva) – said.benarbia@icj.org
Jeremie Smith, Cairo Institute for Human Rights Studies (Geneva) – jsmith@cihrs.org
Neil Hicks, Cairo Institute for Human Rights Studies (New York) – nhicks@cihrs.org
John Fisher, Human Rights Watch (Geneva) – fisherj@hrw.org
Amr Magdi, Human Rights Watch (Berlin) – magdia@hrw.org
Kevin Whelan, Amnesty International (Geneva) – kevin.whelan@amnesty.org
Sara Hashash, Amnesty International (London) – Sara.Hashash@amnesty.org
Rasmus Grue, Christensen, DIGNITY – Danish Institute Against Torture – rgc@dignity.dk
Antoine Madelin, International Federation for Human Rights (Paris), amadelin@fidh.org
Mohammed Soltan, The Freedom Initiative – Soltan@thefreedomi.org
Mar 9, 2021 | News
Tunisian authorities must respect the rights to freedom of expression, association and peaceful assembly, and stop the systematic targeting of protesters, lawyers and civil society activists, said the ICJ today.
البيان الصحفي باللغة العربية مرفق أدناه
Since the outbreak of social justice protests on 15 January 2021, Tunisian security forces have systematically targeted protesters, including minors, lawyers and civil society activists.
Over the last weeks, reports of abuses at the hands of the Tunisian security forces have included: hundreds of arbitrary arrests; deaths in custody in disputed circumstances; physical assaults; rape and death threats; and refusing detainees access to legal counsel. While to date more than half of the people arrested since the beginning of the protests have been released, only a few prosecutions arising from the security forces’ systematic campaign of arrests have taken place, and hundreds of people are still in custody awaiting to be brought before a judge. According to the information available to the ICJ, individuals are being prosecuted under different charges, including “insulting the police” and “abuse of morals”.
“The systematic targeting of peaceful protesters and the other abuses that we have witnessed in recent weeks are clear instances of the wider impunity that Tunisian security forces have continued to enjoy over decades,” said Said Benarbia, the ICJ’s MENA Programme Director
“The Tunisian authorities should immediately halt these practices by reforming the country’s security legislation and open independent and impartial investigations into these abuses.”
To date, Tunisia has failed to adopt a comprehensive reform of its security legislation in line with the Constitution and the country’s obligations under international human rights law and standards.
As reported on multiple occasions, investigations into reports of human rights violations by Tunisian security forces have rarely led to successful prosecutions of perpetrators in the past. Moreover, while since 2018 prosecutions arising from police abuses committed under the previous regime have started before the Specialized Criminal Chambers, numerous obstacles continue to affect the progress of trials, and no verdict has been delivered to date.
“It is time for the Tunisian authorities to abide by the Constitution and international human rights law and standards and commit to a complete end to the security forces’ oppressive practices,” Benarbia added.
“Only by undertaking a full review of Tunisia’s security laws and bringing perpetrators of human rights violations to justice will the country be able to break this cycle of abuses and ensure full respect for fundamental freedoms and human rights.”
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Valentina Cadelo, Legal Adviser, ICJ Middle East and North Africa Programme, e: valentina.cadelo(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Download
Press release in English and Arabic.
